Official Rules - Cool Avatar Contest

The “Cool Avatar Contest” CONTEST OFFICIAL RULES

Sponsored by FreshBrain, Inc. (“FreshBrain”).


The "Cool Avatar" Contest (the “Contest”) is open to legal residents of the 50 United States (including the District of Columbia but excluding Arizona and Puerto Rico) age 13 to 18 (inclusive), who have an active e-mail account and Internet access. Entrants also must be registered members of FreshBrain to submit an entry. See ( to join and become a “FreshBrain Member”. Entrants under the age of 18 must have permission from their parents or legal guardians to participate. Employees of FreshBrain and their respective parent companies, affiliates, subsidiaries, advertising, promotion and fulfillment agencies, their immediate family members and persons living in their same household, are not eligible to participate in the Contest. Participation in the Contest constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules & Regulations (“Official Rules”).

FreshBrain is looking for new and cool avatars that depict a day in the life of someone who would use the capabilities of our website! You may enter the Contest online starting on March 27, 2008 (PDT) by selecting the “Submit Entry” hyperlink from the Contest main page located at ( Follow the directions on the main Contest page, fill out the entry form in its entirety and click on the button to submit the entry form and the image you are submitting to be judged in the Contest (“Submission”).

Entries must be submitted on the FreshBrain website by April 27, 2008 at 11:59pm (PST).

No mechanically reproduced or automatically generated entries are allowed and any use of robotic, automatic, programmed or the like entry methods will void all such entries by such methods.

Submissions need to be in a standard graphic format (gif, jpeg, jpg, png or tiff).

You may enter the Contest as many times as you like from the same FreshBrain account.

Submissions will be judged according to the following criteria:

  • Design alignment of the Submission with one or more of the following technology areas: Gaming, Video, Music, Eco/Green Science, Web and Graphics (20%);
  • Appropriateness of the Submission for the 13–18 age group (20%);
  • Creativity and uniqueness (20%);
  • Contemporary style qualities of the Submission (20%); and
  • Scalability of the Submission for use as an icon or button on a website (20%);

The decisions of the judges will be final. If any ties must be broken to determine the winner, the judges will choose the tied submission that is most representative of [FreshBrain’s mission to enhance the education and development of teenagers in the areas of business and technology by providing hands-on real world experience.]

A Submission must be original, of entrant's own creation and must not have been entered in any other competition. A Submission may not violate the intellectual property or proprietary rights of other parties. A Submission may not be offensive or defamatory nor contain vulgar or profane language, as determined by the judges and FreshBrain in their sole discretion.

Entrant represents and warrants that any Submission is entrant’s own original work and does not infringe the intellectual property or proprietary rights of any third party, including, without limitation, any third party patents, copyrights or trademarks. Consequently, FreshBrain shall have all rights to copy, edit, publicly display, publicly perform, broadcast, publish and use, in whole or in part, any Submission and any other intellectual property protected or protectable materials submitted by entrant, in any manner without further compensation during and after the Contest. Entrant hereby assigns, conveys and transfers and agrees to assign, convey and transfer all, right, title and interest in and to his or her Submission and any intellectual property rights therein to FreshBrain. Entrant agrees to execute and deliver such documents and provide all assistance reasonably requested by FreshBrain to give to FreshBrain the full benefit of the rights granted to FreshBrain by entrant. Entrant hereby agrees not to instigate, support, maintain or authorize any action, claim or lawsuit against the FreshBrain, or any other person, on the grounds that any use of the Submission as provided herein, infringes any of entrant’s rights as creator of the Submission, including, without limitation, trademark rights, copyrights and moral rights. Nothing herein shall constitute an employment, joint venture, or partnership relationship between entrant and FreshBrain.

Prizes and Odds
There will be ten prize winners. Each of the prize winners will receive new Skullcandy headphones ranging in value from $20.00-$80.00 (US).

The odds of winning a prize depend on the total number of eligible entries received. Winners are solely responsible for any and all federal, state, provincial and local taxes that apply to prizes. No cash or other substitution of prizes is permitted, except at the sole option of FreshBrain for a prize of equal or greater value. Prizes won by minors will be awarded to the parents or legal guardians, who must sign all required affidavits and releases. FreshBrain will not replace any lost or stolen prizes.

Total value of all prizes to be awarded approximately: $700.00 (U.S.).

Notification of Winners
Winners will be notified by e-mail within seven to ten (7-10) business days of the prize drawing and may be required to sign and return an affidavit of eligibility and publicity/liability release within seven (7) days of notification. If a selected winner cannot be contacted, is ineligible, fails to claim a prize and/or where applicable an affidavit of eligibility and publicity/liability release is not timely received, is incomplete or modified, the prize may be forfeited and an alternate winner will be selected from remaining valid, eligible entries timely submitted. In the event of a dispute regarding who submitted an entry, the entry will be deemed submitted by the authorized account holder of the e-mail account specified in the entry. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.

The name “FreshBrain”, as well as the FreshBrain logo, are trademarks of FreshBrain, Inc. (“FreshBrain Marks”).
During the Contest period and subject to entrant’s compliance with the terms and conditions of these Official Rules, entrant is granted the limited, revocable, non-transferable right to incorporate the FreshBrain Marks into a Submission, solely for the purpose of participating in the Contest and such right terminates at the end of the Contest period. You agree that the FreshBrain Marks and all associated goodwill are and will remain the sole property of FreshBrain, that any goodwill generated as a result of your licensed use of FreshBrain Marks belongs exclusively to FreshBrain and inures solely to the benefit of FreshBrain.

General Rules
By entering, you agree to be bound by these Official Rules. The Contest is offered by FreshBrain, Inc., 1744 E. Doxey Street, Ogden, Utah 84403 which is not responsible for late, lost, delayed, damaged, postage-due, incomplete, illegible, or misdirected entries, responses, or other correspondence, whether by e-mail or postal mail or otherwise, or for theft or destruction or unauthorized access or alterations of entry materials, phone, electrical, network, computer, hardware, software program or transmission malfunctions, failures or difficulties.

You further agree to release, indemnify, defend and hold FreshBrain and its parent, affiliates, subsidiaries, directors, officers, employees, sponsors and agents, including advertising and promotion agencies, and assigns, and any other organizations related to the Contest, harmless, from any and all claims, injuries, damages, expenses or losses to person or property and/or liabilities of any nature that in any way arise from participation in this Contest or acceptance or use of a prize or parts thereof, including without limitation (i) any condition caused by events beyond FreshBrain’s control that may cause the Contest to be disrupted or corrupted; (ii) any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of the prize, or acceptance, possession, or use of the prize, or from participation in the Contest; and (iii) any printing or typographical errors in any materials associated with the Contest.

In no event will FRESHBRAIN be liable to you for any direct, special, incidental, exemplary, punitive or consequential damages (including loss of use, data, business or profits) arising out of or in connection with your participation in the Contest, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise, and whether or not FRESHBRAIN HAS been advised of the possibility of such loss or damage. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Additional Conditions
Except where prohibited, by accepting any prize, winner consents to the use of his/her name, photo and/or likeness, biographical information, winning entry and statements attributed to winner (if true) for advertising and promotion purposes without additional compensation. All entries become property of FreshBrain and none will be acknowledged or returned. Allow 6-8 weeks for delivery of prizes.

FreshBrain reserves the right, in its sole discretion, to cancel, modify or suspend the Contest in whole or in part, in the event of fraud, technical or other difficulties or if the integrity of the Contest is compromised, without liability to the entrant. FreshBrain reserves the right to disqualify any entrant or winner, as determined by FreshBrain, in its sole discretion. The Contest is subject to these Official Rules and all applicable federal, state, provincial and local laws and regulations apply. As stated above, the Contest is void where prohibited or restricted by law. By participating in this Contest, you acknowledge that you have read these Official Rules and agree to abide by them and by the decisions of FreshBrain, which are final and binding on all matters pertaining to the Contest. These Official Rules are governed by the law of the State of California, without reference to rules governing choice of laws. Any action, suit or case arising out of, or in connection with, this Contest or these Official Rules must be brought in either the federal courts located in the Northern district of California or the state courts located in San Francisco County, California.

PERSONAL Information
FreshBrain collects and uses the information provided by entrants in accordance with the terms of its Privacy Policy ( or as stated herein.

Winner’s List, Official Rules
For a list of prize winners or a copy of these Official Rules, send your request and a stamped, self-addressed envelope to “Cool Avatar Contest” c/o FreshBrain, Inc., 1744 E. Doxey Street, Ogden, Utah 84403 or (for Winner’s list only) send an email message to with “Winner’s list” as the email subject and the Contest name specified in the body of the e-mail.

Sponsor’s Address
FreshBrain, Inc., 1744 E. Doxey Street, Ogden, Utah 84403